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Why Did Republicans Filibuster David Hayes?

Earlier today Republicans blocked the confirmation of David Hayes, President Obama's Deputy Interior Secretary-designate. Hayes isn't a controversial nominee. He's served in that very position once before and his credentials aren't really questioned by either party.

So why was he filibustered?

As explained in this post, Republicans decided to oppose the nomination (at least for now) out of solidarity with Sen. Robert Bennett (R-UT) who placed a hold on Hayes several weeks ago. Holds, though not binding, are generally respected in the Senate, but a spokesman for Senate Majority Leader Harry Reid says that Reid decided to try and move the nomination forward anyhow, having grown tired of Republicans' slow-walking the nomination.

So why did Bennett place the hold in the first place?

A number of reports today suggest that the controversy has to do with the Obama Interior Department's decision to cancel oil and gas leases in Utah, sold off during the last days of the Bush administration. Here's a bit more detail:

Environmental groups objected to those sales and won an early court battle to block 77 of them. The parcels, they contend, are too close to national park lands and shouldn't be used for drilling. Then, when Interior Secretary Ken Salazaar took office, he canceled them altogether and refunded the bids to the buyers.

That move rankled Bennett and other Republicans, who say the the court process should have been allowed to continue and Bennett wants to know why Salazaar canceled them "unilaterally". In a letter to Sen. Lisa Murkowski (R-AK), Salazaar explained that "the prior Administration had failed to follow legal requirements when preparing the sale."

In particular, the court ruled that [the Bureau of Land Management] had failed to conduct an adequate air pollution analysis under the National Environmental Policy Act.

That was his rationale. But things went downhill from there. [Deep Breath] Bennett demanded an inquiry into how the problems the court cited could be resolved, and Salazaar vowed that he'd instruct Hayes to conduct the review as soon as he was confirmed. But Bennett was still not pleased. He said the report could be written without Hayes and now says he'll only lift his hold when that review is completed.

It's unclear how this pissing match will be resolved. Bennett wants the review by the end of the month, but he doesn't expect to get it by then. Democrats, meanwhile, reserve the right to hold another cloture vote at a later date--today's occurred in the absence of Sens. Kerry (D-MA), Kennedy (D-MA), and Mikulski (D-MD) and, based on the tally, it would have passed had they been present.

"With their votes next week he will be approved," said Majority Whip Dick Durbin (D-IL).

But today, two Republicans--Sen. Olympia Snowe (R-ME) and Sen. Jon Kyl (R-AZ)--voted to move Hayes' nomination forward, and Durbin's math only works if Democrats can keep at least one of them on board. No word back yet from either staff on whether they'll stick to their guns.

Isn't politics fun?


6 Comments

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Brian: Great post. Thanks for the information.

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Thanks for the background into the pissing match that appears to be the Senate.

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It occurs to me that this may have been entirely opportunistic. They saw Teddy, Kerry and Milkulski weren't in today and took advantage of it to try to make themselves feel like they still mattered.

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More dirty tricks that have no strategic meaning? Heck, why doesn't McConnell just pass out whoopee cushions and those handshake "joy buzzers" to his fellow Republican Senators to really do those Democrats in?

If Reid sits on a tack tomorrow, then we will know what we are dealing with.

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The Republican party:

The Party of NO.

Repeat until the party's small enough to drown in a bathtub.

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Perhaps Reid et al did this on purpose today, as a way of locking in Snowe and Kyl, expressly because the 3 dems were absent?

If the 3 democrats had been present, Snowe and Kyl might have been hit hard by their colleagues to vote against cloture. Since the 3 dems were not there, however, Snowe and Kyl got some cover for voting for cloture, since their caucus didn't need their votes to win. However, now Snowe and Kyl are "locked in" on their cloture votes, and should vote the same way in a week--since typically, the "honorable" behavior is to not switch sides once you've already publicly voted one way. This would suggest today's vote was orchestrated as an elaborate way of securing the 2 republican votes for the real show next week?

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